The Membership Agreement
Rules, Terms, Conditions, and Disclosures for Individual Membership
Floyd Upperman & Associates
Access to our proprietary information is only provided after submittal of our online electronic signup form. Clicking on the membership agreement checkbox and submitting the online signup form is the same as signing your name to this agreement. When you submit the online form you agree to all terms, conditions and disclosures listed in this membership agreement. Submittal of the online form is required for private Membership to Floyd Upperman & Associates CTA services.
Please read the following before you submit the electronic membership application to obtain membership. Submittal of the online form is the same as signing your name to this agreement.
Thank you
- Floyd Upperman & Associates
Note: "FUA" pertains to "Floyd Upperman & Associates" herein.
Terms & Conditions (Paragraphs A-1, A-2, A-3, B-1, B-2, B-3, B-4)
(A-1) Advisors, Brokers, CTA's, Commodity Pool operators, Commodity Fund managers, Hedge Fund Managers and all institutional professionals (global, domestic) must be pre-approved by Floyd Upperman for membership. Membership rates for institutional clients vary depending upon the amount of money under management and the number of clients being serviced. Institutional membership rates are established on a case by case basis. Any professional (listed above) that does not disclose their professional status as required for membership (per this agreement) will be billed at the default institutional rate. There are no refunds for institutional memberships. Submitting the online form confirms you agree to these terms.
(A-2) Unregistered commodity trading advisors (public trading consultants, trading teachers and commodity trading educators including unregistered online investment advisors) are prohibited membership unless authorized and/or approved by Floyd Upperman. Any unregistered commodity trading advisor or online trading educator granted membership that fails to disclose their status as required for membership (per this agreement) may be billed at a default institutional membership rate. There are no refunds for any unregistered commodity advisors or online trading educators. Submitting the online form for membership confirms you agree to these terms.
(A-3) You agree to inform FUA should you become employed or professionally involved in any position listed in paragraphs A-1 and A-2 above while your membership is still active.
(B-1) Membership is limited and we reserve the right to deny membership at any time and for any reason. Usernames and passwords are to be used by members only. Your computer IP address along with your username & password identify you on our network and enable us to monitor access to secure areas of the website. If you plan to access the vault using more than one computer system at a time, please inform us via email. Unauthorized simultaneous vault access by the same username/password combination is subject to investigation for potential unauthorized sharing of usernames & passwords. This may be grounds for termination of service and/or membership. By submitting this form, you agree you will not redistribute any FUA material by any means, including the sharing of your username and password with non-members and/or transferring sensitive FUA material to nonmembers.
(B-2) Submittal of the online form confirms that you are fully aware of the risks involved in futures trading. You agree that Floyd Upperman & Associates are not liable for any gain or loss to your account. Submittal of this form also confirms that you fully understand and accept the risks associated with trading and understand that past performance is not indicative of future results. There are no guarantees or promises of success and ultimately, you agree that you are responsible for your own success and failures in trading, as well as in all walks of life. The one-time fee for your license to access the proprietary trading system is not refundable once a username and password are issued (via email). For your convenience, we will automatically bill your credit card for the requested membership plan upon the renewal date to ensure no interruption in service unless you request otherwise.
(B-3) If for any reason you are dissatisfied, let us know within the first 30 days of your membership (30 days begins on the date your username and password is issued to you) and we will refund all unused time remaining on your membership dues except for the following situations and/or items. (1) If an initial signup fee is required this is non-refundable. (2) There are no refunds on institutional memberships. (3) If the workshop video package is included as part of the new membership, no refunds are allowed.
Notes: Automatic billing for service via Credit Card.
If you are using a credit card, you are authorizing Floyd Upperman & Associates to automatically charge the account-holder's credit card for membership service, and this shall remain in effect until the account-holder notifies Floyd Upperman & Associates otherwise. On the 10th of each consecutive month pursuant to membership plan, Floyd Upperman & Associates will promptly process account holder's credit card for payment. A record of each charge will be included in the account-holder's monthly credit card statement and will serve as a receipt.
Cancelations or changes in membership status:
If Floyd Upperman & Associates do not receive notification from client, via telephone (614-920-9746) or email (kim@upperman.com), prior to the 10th of the month, FUA will process the members credit card for membership dues pursuant to the membership agreement and membership plan. The account is subject to the membership due charges for the succeeding service period. Once a credit-card has been processed for that billing period, any cancelation after that date will take affect on the next billing cycle. It is the account-holders responsibility to notify Floyd Upperman & Associates if you would like to cancel your membership. If you do not notify FUA prior to the 10th of the month, your credit-card will be charged for your membership plan. No refunds will be given after the charge has been placed. Please either email or call us before the 10th of the month if you are planning to cancel. Telephone: 614-920-9746 (M-F 9-5pm EST) or Email at kim@upperman.com
(B-4) Knowingly redistributing (selling or marketing) any part of our proprietary information and/or data (without prior written approval) including the sharing of usernames & passwords with non-members is prohibited and may be unlawful. Furthermore, membership requires a reasonable effort by each member to maintain and protect the secrecy of the proprietary trading information (pursuant U.S. civil code section 3426.1(d)(2)).
Disclosures of Risk (Paragraphs R-1, R-2, R-3, R-4, R-5, R-6, R-7)
(R-1) No trading system, strategy or trading approach can guarantee you profits. All trading carries risk and it is impossible to know (before hand) which trades will be profitable and which ones will not. Since it is impossible to know which trades will be profitable and which ones will be losses you must never trade with money you cannot afford to lose.
(R-2) Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been actually executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown anywhere on this website.
(R-2b) All market data provided "as is" for informational purposes. Floyd Upperman & Associates does not make any express or implied warranties of any kind regarding the data, including, without limitation, any warranty of merchantability or fitness for a particular purpose or use; and (b) shall not be liable for any errors, incompleteness, interruption or delay, action taken in reliance on any data, or for any damages resulting therefrom. Market data is contained in the public domain.
(R-3) Futures trading carries substantial monetary risk and may not be suitable for all types of investors. Trading is risky and people do lose money trading futures contracts and options on futures. There are NO implied guarantees or promises of success made on this web site anywhere.
(R-4) Floyd Upperman & Associates make no guarantees for success. Past performance is not a guarantee of future profits or future success. All futures trading is risky, including options! No trade is risk free and trading is not Floyd Upperman's only means of income!
(R-5) Floyd Upperman is a registered commodity trading advisor, private investor & futures trader. Floyd is recognized throughout the world by a growing audience of professionals for his work with the U.S. government Commitment of Traders (COT) data and for his professionalism. Floyd's trading advice and knowledge about the markets is sought after by individual and institutional investors and traders around the world. He is registered with the National Futures Association as a CTA and principle CTA of Floyd Upperman & Associates, a professional Commodity Trading Advisory Service. NFA# 0281183.
(R-6) There are no guarantees or promises made from Floyd Upperman and Associates other than this - We promise to provide the best service possible to the best of our ability. We will do all we can to help you learn our unique indicators, methods, strategies and software. Our mission is to provide new and unique trading strategies and proprietary indicators to help serious futures traders achieve their goals! Floyd is a very serious trading advisor, trader, investor and businessman whose opinion and guidance is sought after from individuals and business professionals around the globe. Floyd will do all he can to help you, but he and FUA make absolutely NO guarantee you will succeed and no guarantee you will make money.
(R-7) Floyd is an active investor and businessman. He is active in equities, mutual funds, and real estate. He owns or is partners in other businesses as well. Floyd is also an active rare coin investor and dealer, and bullion trader. Floyd Upperman is a member of the American Numismatic Association.
We view all access to our proprietary information and trading/investment strategies as a privilege and not a right. We reserve the right to refuse membership and/or access to our data at anytime for any reason, including but not limited to the unauthorized sharing of usernames and/or passwords.
Click here for additional Standard Required Risk Disclosures
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